Legal Question in Family Law in Florida

Re: Marrying your father

I must disagree with Mr. Kaufman's response. The dictionary defines ancestor as "one from whom a person is descended and who is usually more remote in the line of descent than a grandparent". The word clearly denotes a blood relationship and, therefore, one in a technically correct sense could not acquire an ancestor through adoption. The same reasoning is also applicable to the term descendant.

Consequently, the modifying clause in Sec. 20-38.1 of the Virginia Code regarding prohibited marriages, i.e., "whether by whole or half blood or by adoption" can necessarily only apply to the brother and sister which immediately precedes it and not to ancestor and descendant.

I therefore stand by my original answer that this particular kind of marriage is apparently not prohibited under this particular Virginia statute.

Re: Marrying your father

I do not agree with the advice of the other respondent to this question.

Va Code 20-38.1 says:

� 20-38.1. Certain marriages prohibited.

(a) The following marriages are prohibited:

(2) A marriage between an ancestor and descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption"

The other attorney's opinion is that the phrase "whether the realtionship is by half or whole blood or by adoption" only relates to a brother or a sister. I disagree. I read the law as applying to the beginning part of the sentence too, that is to "ancestor or decendant". That would also cover one's parents, grandparents or children.

It is my opinion that the marriage between a person and their adoptive parent is prohibited and void.

Whether it is illegal or a crime is another matter. I do however believe that it would be ruled invalid by the courts.

Good luck.

Re: Marrying your father

Since the adoptive father is in no way related by blood to his spouse, such a marriage is apparently not prohibited under Section 20-38.1 of the Virginia Code.